Michael J. Forbes

Michael's practice includes patent litigation in federal district courts and before the International Trade Commission, inter partes reviews before the U.S. Patent and Trademark Office, patent portfolio analysis, and other aspects of intellectual property law. He holds both a bachelor’s degree and a master’s degree in electrical engineering and worked as an engineer for eight years in industry prior to law school. Michael’s background provides him with a strong foundation for gaining a deep understanding of the complicated technologies involved in his cases and to enable him to work directly and efficiently with technical witnesses and experts.

Experience

Representative matters

Counsel in high stakes trade secrets case in the U.S. District Court for the District of New Jersey between competitors that own nine of the seventeen U.S. stock options exchanges, anticipated trial in 2025.

Counsel to Keysight Technologies as respondent in a 3-patent investigation concerning network security technology at the International Trade Commission (“ITC”), resulting in a finding of no violation by the ALJ, which was affirmed by the Commission. Led the drafting and argued at the hearing for related inter partes review of asserted patent, which found all asserted claims invalid.

Lead counsel for leading innovator of scientific instrumentation as plaintiff in trade secret cases against employees based on forensic evidence of misappropriation upon departure. Prepared and executed strategy that has resulted in several settlements that ensure client’s trade secret information is not disseminated.

Served as primary technical counsel for a large cellular phone maker in an ITC investigation and cases in the U.S. District Court for the Eastern District of Texas concerning eight patents, in total, relating to microprocessor architecture, power management, and SoC integration technologies. Performed source code (RTL) analysis for multiple accused SoCs over the course of 48 hours to determine scope of exposure. Cases settled on favorable terms.

Counsel for regional bank in patent litigation in the Eastern District of Texas regarding encryption technology. Led technical discovery, briefed and argued Markman issues. Following a favorable claim construction on the key terms, case settled favorably.

Lead counsel for a regional bank in patent litigation in the Eastern District of Texas regarding image processing technology. Successfully argued that plaintiff could not plausibly allege infringement based on the limitations of the claim and the services provided by Defendant, obtaining a very rare dismissal with prejudice on non-infringement grounds.

Led IPR of patent owned by UNM Rainforest Innovation on behalf of major processor manufacturers. Obtained final written decision invalidating independent claim and all but one challenged dependent claim. Led appeal of dependent claim, and defense of cross appeal, before the Federal Circuit. Federal Circuit appeal.

Primary technical counsel for plaintiffs in a 5-patent case against the U.S. government and intervenor, IBM, in the U.S. Court of Federal Claims concerning technology for disseminating wireless emergency alerts. Also lead drafting oppositions which avoided institution of 10 inter partes reviews petitions filed by the Department of Justice and IBM. Case settled after expert reports on favorable terms.

Recognitions

Selected through peer review for inclusion in The Best Lawyers in America© "Ones to Watch" list for Intellectual Property Law and Patent Law, 2021-2025